New York Wrongful Termination Attorney

What Wrongful Termination Counts and What You Can Do

Getting fired out of the blue can leave you reeling. You might be feeling embarrassed, anxious, or even angry. One day you're showing up, doing your job, and the next you're handed a box and told to go. If you’re confused about what happened or wondering if it was even legal, you’re not alone. This happens to workers across New York every single day.

Here’s the truth: just because you were fired doesn’t mean it was fair. And just because New York is an at-will employment state doesn’t mean your boss can fire you for any reason they want. If your termination was based on discrimination, retaliation, or a broken promise, you may have a legal claim.

At Horn Wright, LLP, our attorneys represent workers across New York who were wrongfully terminated. Whether it happened in Manhattan, Buffalo, Albany, or a smaller town in between, we help people understand their rights and fight back when those rights have been violated. We also serve clients across Vermont, New Hampshire, and Maine.

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Real-World Signs of Wrongful Termination

When something feels off about your firing, trust that instinct. You might notice subtle shifts before the hammer falls. Maybe you were praised one month and slammed the next. Or maybe you raised a concern and suddenly found yourself on thin ice.

Red flags include:

• Sudden negative performance reviews with no prior warning
• Being “restructured” out of a role that only affected you or others with similar traits
• Termination shortly after requesting accommodations or taking protected leave

If you were isolated, watched more closely, or passed over for opportunities just before you were let go, that pattern matters. It could point to retaliation, bias, or a deeper legal issue that deserves attention. Real-world signs of wrongful termination can provide the foundation of a claim.

Retaliation: When Standing Up Gets You Pushed Out

You stood up and did the right thing. You reported misconduct. Maybe you filed a complaint about unsafe conditions or raised concerns about unpaid wages. Then the tone shifted. Your work life changed almost overnight.

Retaliation doesn’t always look like a direct firing. It can be sneaky. You might start getting smaller assignments. Your emails may go unanswered. A role you loved becomes miserable. That’s not a coincidence, it’s pressure.

One worker reported harassment and found herself ghosted by her manager for weeks. Another called out wage theft and suddenly had a performance plan in her inbox. These quiet tactics are all forms of retaliation, and they’re illegal.

New York sees more retaliation complaints than any other kind of workplace claim. If you’ve been treated differently because you spoke up, you’re not alone.

Discrimination and Wrongful Termination

Discrimination doesn’t always arrive with flashing lights. Often, it comes quietly. You might hear that you’re “not a cultural fit” or that the company is “moving in a different direction.” Behind those phrases could be a firing rooted in bias.

New York law protects workers from being fired because of race, religion, age (40+), disability, sexual orientation, and more. But just because the law exists doesn’t mean employers follow it. Some create hostile work environments so unbearable that employees are forced to quit. That’s called constructive discharge, and it counts as wrongful termination.

Here’s one scenario: an employee in her 50s was told repeatedly that the company needed “fresh energy.” She’d never had a bad review, but she was replaced by someone 20 years younger. It happens more than you think, and it’s not legal. Age bias can amount to wrongful termination due to age.

Wrongfully Fired After Taking Medical or Family Leave

Life doesn’t pause just because you have a job. Sometimes you need time off for your health or to care for someone close to you. That’s why laws like FMLA and New York Paid Family Leave exist.

But not every employer respects those rights. We’ve seen workers fired days after returning from surgery. Others were let go during maternity leave. If you took time away legally and got punished for it, that’s not okay.

For instance, a worker took leave to care for her sick father. When she came back, her position had been filled. She was told there was no longer a need for her role, yet her exact job was posted online two weeks later.

When protected leave becomes a reason for termination, the law has something to say about termination after medical leave.

When Your Contract or Handbook Has Your Back

Even in at-will employment, a written agreement can tip the balance. If your offer letter or employee handbook outlines specific termination procedures or job protections, your employer has to follow them.

Let’s say your handbook promises a warning system, e.g., verbal, then written, before firing. If you’re terminated without any of that, they’ve likely breached your contract. And even verbal promises can hold weight if they’re part of a repeated pattern.

We’ve worked with clients who were told by managers that they’d have job security for a year only to be fired months in. That’s not just unfair. That can be grounds for legal action. What’s written down or repeatedly reinforced by leadership matters more than most people realize. Employment contract violations and breach of employment contracts often form the basis of these claims.

Constructive Discharge: When Quitting Isn’t Really a Choice

You didn’t want to quit. But staying became impossible. Your job duties disappeared. Your boss ignored you. Maybe coworkers harassed you while management looked the other way.

This isn’t just a bad job. It’s a situation the law recognizes as constructive discharge. You were forced out through relentless pressure or neglect. And even though you technically quit, the law may still treat it as a wrongful termination.

Constructive discharge often involves emotional strain. It may start with jokes that cross the line, then escalate into serious exclusion. Over time, the workplace becomes unbearable. If you felt quitting was the only way out, your case may have more legal standing than you think. 

Who’s Responsible for Your Firing?

Pinpointing blame isn’t always easy. Maybe you work at a franchise where the corporate office controls policies. Or maybe multiple people had a hand in pushing you out.

In New York, the law allows more flexibility in assigning responsibility. It could be:

• Your direct supervisor who started the process
• The HR team that carried it out
• A parent company that issued the final approval

If multiple layers of management or ownership were involved, more than one party can be held liable. That’s especially important for workers in healthcare systems, hospitality, or corporate chains where decisions get made from afar. 

What You Can Win: Compensation for What Was Taken

Wrongful termination hits hard. You lose income. You lose stability. And in many cases, you lose confidence. But the law doesn’t leave you empty-handed.

Depending on your case, compensation may include:

• Back pay for wages you should’ve earned
• Front pay if the firing damaged your future prospects
• Emotional distress damages for the harm you endured
• Attorney’s fees to cover the cost of your case

In egregious cases, like intentional retaliation or clear discrimination, you might even be awarded punitive damages. That’s the legal system’s way of saying, “This was unacceptable.” Wrongful termination damages and wrongful termination settlements can cover both financial and emotional losses.

How to Document and Prove Your Wrongful Termination Case

The stronger your documentation, the stronger your case. It’s that simple. If you suspect your termination wasn’t legal, start collecting evidence immediately.

This can include:

• Emails or texts from managers showing changes in treatment
• Performance reviews before and after a complaint or leave
• A timeline of what happened, written while it’s fresh

Coworkers can also support your case. If they noticed changes or went through similar experiences, their input helps build your story. Your goal is to show patterns. Inconsistencies. Promises broken. Every piece of documentation helps tip the scale in your favor. Evidence in wrongful termination claims is often the deciding factor of whether you make any type of recovery.

Think It Was Just a Layoff? Look Closer

Layoffs happen. But sometimes they’re used as cover for something else. We’ve seen it all, from employers who rehire for the same role within weeks to departments “downsized” except for the younger, cheaper workers.

If your job was supposedly eliminated but your tasks didn’t go away, or were reassigned to someone less qualified, ask questions. If budget cuts were cited but only affected employees of a certain background or demographic, that’s a red flag.

What looks like a business decision may be a mask for bias or retaliation. The details matter, and they deserve a closer look.

The Legal Clock Is Ticking: Filing Deadlines in New York

Deadlines can make or break your case. Even the strongest claim won’t hold up if it’s filed too late.

Here’s what you need to know:

• 300 days to file with the EEOC for most federal discrimination claims
• 3 years to file with the New York State Division of Human Rights
• 6 years o file a breach of contract case in state court

Don’t wait. Write down names, dates, and what happened while it’s still fresh. Save emails. Screenshot texts. And be careful with severance agreements. They often ask you to waive your rights. Once that’s signed, there’s no going back. 

Horn Wright, LLP, Helps Workers Take Action After Wrongful Termination

At Horn Wright, LLP, we stand up for people who were pushed out unfairly. Our attorneys know how to untangle complex employment issues and bring clarity to stressful situations. We work closely with clients throughout New York, and also serve workers across Vermont, New Hampshire, and Maine. 

If you believe your firing was illegal, we can help you weigh your options and take next steps with confidence.

Contact our offices today for a FREE consultation.